EN

Official Journal of the European Union

C 270/31

(Case C-292/16)

(2016/C 270/35)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicant: A Oy

Other parties: Veronsaajien oikeudenvalvontayksikkö

Questions referred

1.Does Article 49 TFEU preclude Finnish legislation under which, where a Finnish company by way of a transfer of business disposes of assets of a permanent establishment situated in another EU Member State to a company established in that State in return for new shares, the transfer of the assets is taxed immediately in the year of transfer, but in a corresponding national situation is not taxed until the time of realisation?

2.Is there indirect or direct discrimination if Finland levies tax immediately in the year of the transfer of business before the income has been realised, and in a domestic situation not until the time of realisation?

3.If the answer to Questions 1 and 2 is in the affirmative, may the restriction of the right of establishment be justified on grounds such as an overriding reason of the public interest or the preservation of the national power of taxation? Does the prohibited restriction comply with the principle of proportionality?